Expert Aspect: Multi Perspective, "Labor Contract Law" – the interpret
"The People's Republic of China Labor Contract Law" on January 1, 2008 come into force, and the development and adoption of this law by a wide range of concerns.
"Labor Contract Law" is the standard industrial relations laws. As the complexity of industrial relations, so to understand the "Labor Contract Law" can have a different perspective.
Perspective one: big benefits for blue-collar
Labor relations are regulated by the market, that we often say that two-way choice. In fact, different industries, labor relations are different for different workers, the position in labor relations is different.
From the industry, there are labor-intensive industry, the industry's high demand for workers, but the quality of employees, education, capacity requirements are relatively low. China's large population, so in this industry, labor relations, the employer (employers) take advantage of a dominant position, the workers vulnerable, in need of legal protection.
A knowledge-intensive industries, this industry for the quality of employees, education, capacity demanding, workers are often dominant, even a person can determine the survival and development of enterprises. So companies need to "Labor Contract Law" protection. Such as airlines and pilots of the relationship between the Publisher and editor with the big, core management, distribution, technical backbone relationships.
Shortage of resources industries, such as household appliances sales industry, book publishing industry, stores are scarce resources. Of course, requires a certain quality of personnel. Is like in Beijing's Wangfujing shopping can make money as any one. Of course, different operators, the performance is not the same. This need to balance the cost of labor. In this industry, both sides need to "Labor Contract Law" protection.
A monopolistic industry, which depends mainly on industry monopoly of survival. Workers are vulnerable groups, need the "Labor Contract Law" protection.
On the quality of workers, there are golden collar, white collar, blue collar divided, blue-collar workers need the "Labor Contract Law" protection, equal between white-collar workers and employers, both sides need to be protected, and Jinling, no " Labor Contract Law "to protect the contrary, companies are vulnerable to Jinling.
"Labor Contract Law" is a blue-collar as the legislative object.
Perspective II: the establishment of stable labor relations
Existing labor relations, labor relations from the original change from the reform, and this change is still in progress. Signs of change evident in the "Labor Contract Law". Article II of the Act provides: "State organs, institutional organizations, social groups and to establish working relations with workers, in accordance with this Law." That is, in the above units, there are some people does not apply the "Labor Contract Law", such as Press, Xinhua Bookstore in the military, civil servants, business establishment personnel. Old saying goes, old methods, new new approach, referring to the situation. Therefore, the "Labor Contract Law" can not regulate all of the publishing industry, labor relations.
Labor relations are characterized by the existing staff of life tenure, are not mobile, the distribution of the same big pot, not the autonomy of enterprises and employees. Resulting in corporate staffing, not energy, human become a burden on enterprises, it must be reformed.
After the reform, enterprises have autonomy in personnel decisions, personnel can flow, the original defects resolved. But it also brings new problems: the high importance of human enterprise, not extremely responsible, and staff loyalty to the company no. Long-term loyalty to the formation of mutual respect and no corporate culture. Replaced by respect for each other, both sides are short-term behavior. Drawbacks of this situation is obvious. Many employees too mobile, enterprise and employee opposition, thereby affecting the whole community credit, trust.
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